	REPORT TO DEVELOPMENT SERVICES COMMITTEE


TO:	Mayor and Members of Council

FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design

PREPARED BY:	Nick Pileggi, ext. 4480 Senior Planner – Central Development Team

DATE OF MEETING:	April 18, 2006

SUBJECT:	PRELIMINARY REPORT Miller Paving Limited Application for Draft Plan of Subdivision to create industrial and commercial development blocks 7781 Woodbine Avenue, north side of 14^th Avenue and west side of Woodbine Avenue File Number - SU-06-105672

RECOMMENDATION:

That a Public Meeting be held to consider the application submitted by Miller Paving Limited for draft plan of subdivision to create industrial and commercial development blocks, along with an existing application for zoning by-law amendment (ZA 04-017225) to permit a range of commercial and industrial uses at 7781 Woodbine Avenue.

PURPOSE:

The purpose of this report is to provide preliminary information regarding an application for draft plan of subdivision submitted by Miller Paving Limited to create industrial and commercial development blocks, and to recommend that a public meeting be held to consider this application, along with an existing application for zoning by-law amendment (described further below).

BACKGROUND:

Subject Lands and Area Context

The lands subject to the current applications consist of approximately 29.4 hectares (72.7 acres) northeast of Woodbine Avenue and 14^th Avenue (Figure 1). The property is used for industrial uses such as an office and garage complex, asphalt plant, roller maintenance facility, asphalt testing lab, refuelling areas, a bus washing facility and a waste transfer facility (Figure 3). The site also contains a former aggregate pit and area of ponded groundwater.

The subject property is bounded to the north by a Hydro Corridor and lands being protected by the Province for a proposed future Highway 407 transitway, and further north by lands owned by Magna International and Highway 407. The Hydro lands are currently being used for storage and maintenance of York Region Transit vehicles and Miller trucks (Figure 3). The subject property is bounded to the south by an existing gas station located at the northeast corner of Woodbine and 14^th Avenues and further south across 14^th Avenue by a vacant property, a fire station as well as existing industrial buildings. To the east is the remainder of the applicant’s property, currently being redeveloped for a new waste transfer facility and a works yard owned by the Town of Markham. To the east, across Rodick Road, and to the west, across Woodbine Avenue, are existing industrial/office buildings. (Figure 3).

The subject lands are designated Parkway Belt West by the Official Plan (Revised 1987), as amended. The Official Plan also identifies a portion of the subject lands as a former waste disposal site. In June 2003, Council approved OPA 112, to redesignate the subject lands from Parkway Belt West to Industrial, and in December 2005, Council approved OPA 146 to redesignate a portion of the subject lands (fronting Woodbine Avenue) to Commercial – Major Commercial and Business Corridor. Both OPA 112 and 146 are with the Region of York for approval. The application for draft plan of subdivision and rezoning cannot be approved until these OPA’s take effect.

The applications which resulted in OPA 146, submitted in 2003, included a rezoning application. Council resolved that the OPA should be approved, but staff requested that the rezoning application be deferred and dealt with in conjunction with and application for draft plan of subdivision, so that issues associated with the rezoning and subdivision applications could be addressed concurrently.

The subject lands are zoned Industrial Four (M4) by by-law 2284-68, as amended. (Figure 2) The M4 zone permits a range of industrial and very limited commercial uses. A zoning by-law amendment is required to permit the proposed major commercial uses, as well as to update the industrial use categories for the remainder of the site.

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

The anticipated benefits include:

· Increase in Town’s employment land base

· The redevelopment and clean up of lands designated as a former waste disposal facility

· The opportunity to improve this area along the Woodbine Avenue corridor

· Provide employment opportunities along a future transit corridor (407 transit way)

CONCERNS/ISSUES TO BE RESOLVED:

The following is a brief summary of concerns/issues raised to date. These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in a final staff report to be presented to Committee at a later date:

Servicing study has been submitted for the property

Although some servicing is available in the vicinity of the subject lands, a servicing study is required to determine if the existing municipal sanitary sewers and watermain can accommodate future development with no adverse impacts on the existing system. A master servicing study has been submitted and is under review by the Engineering Department.

Stormwater management scenarios are under review

With respect to stormwater management, there are no Town storm sewers available in the vicinity and a drainage study is required for the subject property to accommodate future development. A stormwater management plan has been submitted and is under staff review. One of the possible locations for the stormwater pond is on Town owned land east of Rodick Road. Stormwater on the site partially drains to the pond at the site of the former aggregate pit, this will continue on a temporary basis until the permanent stormwater pond is constructed. The pond will then be filled and incorporated as development lands within the draft plan of subdivision.

Traffic Study has been submitted in support of the applications

As part of the Highway 407/Rodick Road study, a transportation report was prepared which reviewed current traffic conditions and identified a number of transportation improvements which are being investigated within the Highway 407/Rodick Road area. However, any significant redevelopment of the subject lands will require a site specific traffic study. The applicant has submitted a traffic study to support the proposal and it is under review by the Engineering Department. It is possible that road widenings may be required along Woodbine Avenue or 14^th Avenue, or the width of proposed Street ‘A’ (Figure 4) may need to be increased. The total road widths will be determined by a thorough review of the traffic study.

Additional technical supporting documents are to be submitted

Along with the studies noted above, the Engineering Department will require the following technical supporting documentation either prior to, or as a condition of subdivision approval:

· Functional Servicing Plan

· Geotechnical Analysis and/or Soil Stability Study

· Internal Functional Traffic Design Study

· Noise Impact Study

· Erosion and Sediment Control Plan

· Tree Inventory/Preservation Plan

· Phasing Plan

Potential Contamination Issues will be addressed prior to any future Development Approvals on these Lands

The Official Plan identifies a Former Waste Disposal site on the subject lands. This identification, and the related policies, were incorporated into the Town’s Official Plan by a modification required by the Ontario Ministry of the Environment. The policies require that prior to any development of these lands, environmental studies and any necessary mitigative measures be undertaken to the satisfaction of the Town and the Ministry of the Environment.

As part of the Highway 407/Rodick Road study, a preliminary environmental site screening report was prepared by the Town’s consultants to identify areas of potential contamination, and to provide recommendations for additional studies/action plans. According to the study, the majority of the subject property has a moderate potential for contamination. The consultant identified adjacent lands, as well as a small portion of the subject lands as having a high potential for contamination. Phase I and Phase II Environment Site Assessments will be required prior to any future development approvals on the subject lands. OPA 146 identified specific requirements regarding possible site contamination and remediation, to be undertaken prior to any development proceeding on the subject lands.

In addition, prior to the granting of any approval for development a Record of Site Condition may also be completed for the subject lands by a qualified person, in accordance with current environmental legislation and standards. To confirm that the site is suitable for the proposed use and, if necessary, remediated in accordance with the Ministry of Environment standards, the Town may require that the Record of Site Condition be filed with the Environmental Site Registry office of the Ministry of the Environment and be acknowledged by the Ministry of the Environment. The Town will also require an environmental clearance letter for any lands conveyed to the Town.

An Area Specific Development Charge By-law has not been completed

An area specific development charge by-law for the Highway 407/Rodick Road area has not been prepared by Town staff. The process is in the early stages and a by-law may not be in place prior to the proposed development moving forward. If this is the case, an agreement with the owner will be required to ensure the required charges are paid in advance of the final development charge by-law.

Relationship of the subject lands with lands to the north to be reviewed

The subject lands are south of a hydro corridor which may limit road connections to Miller Avenue and additional future industrial employment lands to the north. The applicant has held preliminary discussions with ORC regarding road and service crossings through the corridor. Presently, two accesses are proposed between Street ‘A’ and Miller Avenue. (Figure 4) Staff will review conduct further review in these matters and make recommendations in the final report.

FINANCIAL CONSIDERATIONS:

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

As noted above, a portion of the site is identified as a former waste disposal site and is a potential area for historical contamination. Staff will be working with the Ministry of Environment and other interested parties to ensure that any concerns in this regard are resolved prior to development of the site.

BUSINESS UNITS CONSULTED AND AFFECTED:

All relevant Town Departments and external agencies have been circulated this application and all comments will be considered in the final report.

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services